Becker v. Becker

Appellants, as the heirs-at-law of Augusta Mishler, deceased, filed a bill in the circuit court of Whiteside county to partition certain lands situated in said county which it was alleged belonged to said Augusta Mishler at the time of her death. Jesse Mishler, the surviving husband of Augusta Mishler, was made a party defendant to the bill and interposed a demurrer thereto, which was sustained and a decree was entered dismissing the bill for want of ecpiity, and appellants appealed from said decree to this court. At the -October term, 1909, this court entered a judgment reversing the decree…